- 1 - NC: 2025:KHC-D:6215 CRL.RP No. 100251 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL REVISION PETITION NO.100251 OF 2022 (397(CR.PC)/438(BNSS)) BETWEEN: SHRI RAJU LAXMAN BHAIRAPPANAVAR AGE: 31 YEARS, OCC. AGRICULTURE, R/O. VADE GALLI, SULEBHAVI, TQ. AND DIST. BELAGAVI-587124. …PETITIONER (BY SRI. VISHWANATH BADIGER, ADVOCATE) AND: THE NATIONAL CREDIT SOUHARDH CO-OPERATIVE LTD., KADOLKAR GALLI, BELAGAVI, REP. BY CEO SHRI SANGAPPA CHANNAPPA KADENNAVAR, AGE: MAJOR, OCC. CEO, R/O. KANABARAGI, TQ. AND DIST. BELAGAVI-590015. …RESPONDENT (BY SRI. SANJAY S. KATAGERI, ADVOCATE) THIS CRIMINAL REVISION PETITION IS FILED UNDER SECTION 397 (1) R/W. 401 OF CR.P.C., SEEKING TO SET ASIDE THE IMPUGNED JUDGMENT DATED 12.04.2022 PASSED BY THE XI ADDITIONAL SESSIONS JUDGE, BELAGAVI, IN CRIMINAL APPEAL NO.476/2019, THEREBY CONFIRMING THE JUDGMENT PASSED BY JMFC-V, BELAGAVI, IN CC NO.131/2018, FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I. ACT, BY ALLOWING THIS CRIMINAL REVISION PETITION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: V N BADIGER Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench Date: 2025.04.19 10:32:37 +0530 - 2 - NC: 2025:KHC-D:6215 CRL.RP No. 100251 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) 2. Heard Sri.Vishwanath Badiger, learned counsel for the petitioner and Sri.Sanjay S. Katagere, learned counsel for the respondent. 3. Accused who suffered an order of conviction for the offence punishable under Section 138 of Negotiable Instruments Act (for short ‘NI Act’) and ordered to pay fine of Rs.1,05,000/- of which Rs.1,04,000/- as compensation to the complainant and balance sum of Rs.1,000/- towards defraying expenses of the State, which got confirmed in Crl.A.No.476/2019 is the revision petitioner. 4. Facts in the nutshell which are utmost necessary for disposal of the revision petition are as under: 4.1 Accused availed hand loan in a sum of Rs.54,000/- from the complainant-Society under Account No.625. Towards the repayment, accused issued a cheque - 3 - NC: 2025:KHC-D:6215 CRL.RP No. 100251 of 2022 bearing No.407605 dated 28.11.2017 in a sum of Rs.98,508/- which on presentation came to be dishonored. There was no compliance to the callings of notice, resulting in filing the complaint. 4.2 After due trial, accused was convicted and sentenced as referred supra. 4.3 First Appellate Court on re-appreciation noticed the fact that there is no defence evidence placed on record, dismissed appeal. 4.4 Thereafter, petitioner is before this Court. 5. Sri.Vishwanath Badiger contends that the accused had repaid the amount, but the complainant has not taken in to consideration the repayment made by the accused and sought for allowing the petition. 6. Per contra, Sri.Sanjay S. Katageri supports the impugned judgment. 7. Having heard the learned counsel for the parties, this Court has perused the material on record meticulously. - 4 - NC: 2025:KHC-D:6215 CRL.RP No. 100251 of 2022 8. On such perusal of the material on record, it is crystal clear that the accused being the member of the complainant-cooperative society, availed hand loan of Rs.54,000/-. The cheque admittedly belongs to the accused and signature found there in is that of the accused which is dishonoured. Therefore, trial Magistrate was justified in raising the presumption under Section 139 of the NI Act. 9. No doubt, it is rebuttable presumption. But there is no rebuttal evidence placed on record by the accused. More so, to establish the plea of discharge. 10. Accordingly, conviction of the accused for the offence under Section 138 of NI Act needs no interference by this Court. 11. However, with regard to sentence is concerned, sum of Rs.1,000/- imposed by the trial Magistrate confirmed by the First Appellate Court towards defraying expenses of the State cannot be countenanced in law as lis privy to the parties and no State machinery is involved and same needs to be set aside. - 5 - NC: 2025:KHC-D:6215 CRL.RP No. 100251 of 2022 12. Accordingly, the following order: ORDER (i) Revision petition is allowed in part. (ii) While maintaining the conviction of the accused for the offence under Section 138 of the NI Act, the sentence of fine ordered by trial Magistrate in a sum of Rs.1,05,000/- is reduced to Rs.1,04,000/-. Entire sum of Rs.1,05,000/- is ordered to be paid as compensation to the complainant. (iii) Time is extended till 15.05.2025 to pay the balance amount. (iv) Failure to pay the fine amount on or before 15.05.2025, accused shall undergo imprisonment as ordered by the trial Magistrate. - 6 - NC: 2025:KHC-D:6215 CRL.RP No. 100251 of 2022 (v) Amount in deposit if any shall be ordered to be withdrawn by the complainant under due identification. (vi) Rs.1,000/- ordered towards defraying expenses of the State stands set aside. SD/- (V.SRISHANANDA) JUDGE HMB CT:PA LIST NO.: 2 SL NO.: 7